Date set for Haire's new trial

April 9, 2018 marks the day Anthony Haire’s new trial is scheduled to begin in Washakie District Court. Haire was initially found guilty of involuntary manslaughter on Dec. 10, 2015, and sentenced on May 4, 2016, to 8-10 years with the Wyoming Department of Corrections.

The charge stems from an April 13, 2015 incident during which Haire shot and killed his stepfather-in-law, Jamye Don SoRelle. Leading up to the fatal shooting, SoRelle had been invited over to the home of Haire and his wife for a barbecue. SoRelle had asked the couple to move onto his property to provide help as needed, which they did. A friend of the Haires was also invited to the barbecue.

SoRelle later left the barbecue, appearing unhappy. When the Haires’ friend tried to leave, she found her vehicle blocked by a truck SoRelle owned. After trying to speak to SoRelle about the issue, he came out of his residence with a firearm. Haire said SoRelle fired at him, and there was evidence to support that. Haire got other people inside, then obtained a .40 semiautomatic from his vehicle. It appeared SoRelle was walking away from Haire, who took up a defensive position behind another vehicle and called out to SoRelle. Haire claimed to see the flash of a gun coming up in SoRelle’s hand so he fired. There was some indication that first shot hit SoRelle, though Haire later unloaded the gun at him.

According to a statement of facts, nine of 12 shots fired at SoRelle hit him, and he died of those wounds. Haire was also charged with reckless endangerment, as three of the bullets he fired went across a busy highway. He received a sentence of one year in Washakie County Jail, suspended, and one year unsupervised probation. He was further ordered to pay $11,113.50 restitution toward the use of life insurance for SoRelle’s funeral.

An appeal in the case was filed on May 27, 2016, and on Jan. 19, 2017, it was taken under advisement in the Wyoming Supreme Court, and on May 8 this year the verdict on the involuntary manslaughter charge was reversed and remanded for new trial. In the appeal, it was argued that instructions given to the jury were incorrect. Haire argued the court failed to give the jury a requested castle doctrine instruction which said Haire had no duty to retreat in his home even if he could safely do so.

Haire further asserted the court erred by giving an instruction informing the jury Haire had a duty to retreat before using deadly force. According to the decision on the appeal, it was reasonable to conclude that the jury likely decided Haire had a general legal duty to retreat and didn’t, and therefore didn’t have the right to use deadly force in self-defense or defense of his family and friend.

This duty to retreat became material due to Haire’s testimony and the prosecution’s use of the evidence permitted by the errant jury instruction. The decision further states there is reasonable probability that, without the erroneous instruction, the jury might have reached a verdict more favorable for Haire.

Haire’s first trial took four days, and his new trial is expected to take five.